After many years comes a decision which can be called a landmark as it was quick and has futuristic implications. Holding the State Government and Amazing Creation Garment Export Factory, Tughlakabad (Delhi) liable for the death of 14 people in a factory fire in January 2011, the Hon’ble Delhi High Court has asked them to pay compensation to the families of those who died and those who were injured. Worker unions have welcomed the decision saying they “will use this decision as reference for future cases.”

The court of Hon’ble Justice Vipin Sanghi, directed the Delhi Government and the company to pay compensation of Rs. 7 lakh to Rs. 13 lakh (based on monthly salary of the victims) to the families of workers who died in the accident and Rs. 6.26 lakh for the injured. The judge in his 43 page decision said it is clear that the factory was carrying out “an inherently dangerous/ hazardous activity” and applied the principle of “strict liability”. “Had the state been vigilant, the factory could not have been setup or operated in a residential area and fire protection mechanisms, proper fire escape, clear passages and ventilation would have been ensured. Even the firm would not have been permitted to store highly inflammable substances without license. Neither of the respondents paid heed to these aspects, which is what led to the incident,” ruled the judgment.

The court accepted the argument of the petitioners’ counsel that NCT of Delhi has miserably failed to discharge their statutory duties by not preventing the factory-owner from running the factory in flagrant violation of all statutory laws relating to fire prevention, building bye laws, labour laws, etc. which resulted into the deaths and injury of the workmen. Justice Vipin Sanghi said, “… This writ petition for grant of compensation is maintainable against both the respondents (state and private factory) and the petitioners are entitled to compensation for the undeniable right to life of the near relatives of the petitioner Nos. 1-7 and of petitioner No. 8.”

Welcoming the decision, Retu Singh, labour lawyer and Treasure of Garment and Allied Workers Union, Gurgaon, and also closely working with Ananya Bhattacharjee, Secretary, Society for Labour and Development, said to Apparel Online, There are many things which we appreciate, for example most of such cases come under the workman compensation but this case is not under the same. That’s why family of victims got the maximum compensation. Besides, decision came in two years which is really good and holding the state in “strict liability”, pointing to the intent to bring all responsible under the scanner. The court has asked the families to file PIL in the Supreme Court to make proper guidelines.”

A similar kind of mishap occurred very recently in one of the factories in Udyog Vihar, Gurgaon; so this case can be a benchmark for everyone and if such mishaps occur the decision must be highlighted. It is worth mentioning that even after being covered in ESI, this Gurgaon based factory paid compensation of Rs. 7 lakh and Rs. 8.5 lakh to the families of two workers who died.

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